TEL +27 12 420 4502 Address Law Building (Room 4-31) FAX +27 12 420 4499 University of Pretoria, Pretoria, 0002 Email centreforchildlaw@up.ac.za Web www.centreforchildlaw.co.za 14 February 2023 ATT: The Portfolio Committee on Home Affairs C/O Secretariat: Eddie Mathonsie at emathonsi@parliament.gov.za ATT: The Portfolio Committee on Social Development C/O Secretariat: Lindiwe Ntsabo at lntsabo@parliament.gov.za Dear Chairpersons and Committee Members, RE: SUBMISSIONS re VARIOUS DEVELOPMENTS IN THE LAWS RELATED TO BIRTH REGISTRATION AS A RESULT OF 4 RECENT JUDGMENTS INTRODUCTION 1. The Centre for Child Law (“the CCL”) is a registered law clinic with the Legal Practice Council based at the University of Pretoria. The CCL contributes toward the establishment and promotion of the best interest of children in South Africa through research, advocacy, litigation, and education. 2. We write to provide you with a brief on, and recommendations regarding, various developments in the law regulating birth registration in South Africa. The text of the Births and Deaths Registration Act 51 of 1992 (“the Act”) has been altered significantly through 4 court judgments in the past 5 years. These judgments have declared several provisions of the Act constitutionally invalid, and have either struck them from the text or have read in additional text. LITIGATION: Karabo Ozah (Director), Liesl Muller, Stanley Malematja RESEARCH, MONITORING & EVALUATION: Moyahabo Thoka